Houston, TX asked in Libel & Slander, Elder Law and Health Care Law for Texas

Q: What type of attorney do we need and do we have a case for defamation of character? Are they obligated to train us?

My dad is in the hospital and has a tentative discharge date for next week where he will he is supposed to be sent home and we will take care of him. The hospital told us they will give us adequate time to train us to take care of him at home, but when I ask them if they will train us they tell me when it gets closer to his discharge date. As of yesterday someone made a false complaint to adult protective services saying we are living off of my dad and they didn't feel we could care for him from someone we believe works at the hospital . We want to do what is best for my dad and we are respecting his wishes that he wants to come home. They did give us training to clean his trach about a month or two ago and have made comments that we could be respiratory therapist, but discontinued it because he had an unforeseen discharge date and said they would start up again later when he had one. Now we feel they are putting off our training on purpose. We also took care of him before the hospital

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: A Texas attorney could advise you best, but your question remains open for two weeks. It sounds like the type of attorney you need is a health care attorney. If you want to pursue the false statement, that would be a defamation attorney. Before bringing attorneys into the mix, why don't you first try to work with the hospital's social services group - they are the ones that generally facilitate the transition from discharge to home. Keep in mind that the hospital could train you on basic things, but if your dad's care requires specialized personnel, those positions, such as nurses or therapists, involve certification or licensing and are beyond the scope of training for home care that a hospital would provide to family members. Good luck

Tim Akpinar

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